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Latest Bankruptcy Filings - Hearings Schedule & Missing Pages - Updated
Saturday, April 26 2008 @ 08:44 PM EDT

We have the Order [PDF] now with the schedule for the upcoming bankruptcy omnibus hearings, and it goes like this:
June 17 at 2 PM - Re quarterly fees
July 15 at 10 AM
August 13 at 10 AM
September 16, at 10 AM

What are they for? I have no idea, other than the first one, but I assume we'll find out closer to the dates. Not that they stick to announced schedules anyway. SCO has such a time getting ready.

And Dorsey & Whitney acknowledge a clerical error resulted in 5 pages of billings being inadvertently omitted from its 5th bill's Exhibit D [PDF], the one from February. So they submit the missing pages [PDF] now. I confess it made me look that little bit more closely.

The mysterious D. Marx, who first surfaced in Berger Singerman's October bill shows up again in Dorsey & Whitney's omitted pages, and he has been a busy bee. It's all about SEC filings and blue sky requirements in California in connection with shares and about reissuing shares when you're in bankruptcy and writing proxy statements and lots of other higher math projects SCO has cooking. Let's see. How do we take the money and run and get away with it? Hey, what are lawyers for?

N. Brower is in on this also, and T. Sestak and a C. Jones. Nope. No relation. You must know by now math skills don't run in my family at all, which I would guess makes SCO very, very glad.

Um. Wait. What's this? D. Marx was researching "issues relating to securities issuances while in bankruptcy" on February 5, while C. Jones on the 12th reviewed documents "to determine number of preferred shares available for issuance." Oh, lordy. Now what's the plan? Do they never quit? Evidently not, since N. Brower researched the same topic the same day, along with the question whether beneficial interests in a liquidating entity need to be registered with the SEC. More on California, with C. Peters drafting a transmittal letter to California's Department of Corporations "concerning compliance of registrations of stock plan." Whose stock plan? Is SCO moving to California? After it throws off its cocoon and turns into a post-Chapter-11 butterfly, it's heading for California? Shame about those recently renewed leases in Utah and Massachusetts, if so. See? I told you they weren't hopping a midnight plane to Rio.

And why would they write this? C. Peters downloaded the filed proxy for 2007 "in Microsoft Word format". For historians, perchance. Once upon a time, in a universe far, far away, people used to use proprietary software called Microsoft Word .... "Dad! Stop fooling around. That's silly. You're *embarrassing* us. Nobody would ever do *that*!"

Meanwhile, back to February billings, D. Marx was working on another interesting tidbit: preparing an email to send to a shareholder "who wants to submit a proposal for the annual meeting." Ah! Now there's an idea. Submitting proposals for SCO's annual meeting. I think we should come up with some suggestions, just for fun. They never take our advice anyway, but here's mine:

Cut it out. Fess up. Ask Boies Schiller for some money back. Pay what you owe Novell and IBM and Red Hat. Groklaw has a tip box. You should. You know you should. You know you owe me.

Too radical? Well, had they paid attention in my GPL Summer School and other advice back in 2003, they'd have avoided a lot of trouble. Not that it isn't superlative fun watching folks dance and prance when they see chickens on the horizon flying home. Of course, I'm just kidding around. I don't want their money. Nobody wants their code. Not a dime. Not a line.

Here are all the filings:

451 - Filed & Entered: 04/22/2008
Transfer/Assignment of Claim
Docket Text: Transfer/Assignment of Claim. Transfer Agreement 3001 (e) 2 Transferor: CCI NETWORK SERVICES To REVENUE MANAGEMENT. Filed by Revenue Management. (Kane, Dana)

452 - Filed & Entered: 04/23/2008
Certificate of No Objection
Docket Text: Certificate of No Objection (No Order Required) Regarding Sixth Interim Application of Tanner LC for Compensation for Services and Reimbursement of Expenses as Accountants to the Debtors for the Period from March 4, 2008 through March 31, 2008 (related document(s)[424] ) Filed by The SCO Group, Inc.. (Attachments: # (1) Certificate of Service and Service List) (Werkheiser, Rachel)

453 - Filed & Entered: 04/24/2008
Certification of Counsel
Docket Text: Certification of Counsel Regarding Omnibus Hearing Dates Filed by The SCO Group, Inc.. (Attachments: # (1) Proposed Form of Order # (2) Certificate of Service and Service List) (Werkheiser, Rachel)

454 - Filed & Entered: 04/24/2008
Notice of Service
Docket Text: Notice of Service Notice of Filing Supplemental Detail to Fifth Monthly Fee Application of Dorsey & Whitney LLP for the Period February 1, 2008 through February 29, 2008 (related document(s)[433] ) Filed by Dorsey & Whitney LLP. (Schnabel, Eric)

455 - Filed & Entered: 04/25/2008
Order Setting Omnibus Hearing Dates
Docket Text: Order Setting Omnibus Hearing Dates. All hearings will be held at US Bankruptcy Court, 824 Market St., 6th Fl., Courtroom #3, Wilmington, Delaware (Related document(s)[453] ). Omnibus Hearings scheduled for 6/17/2008 at 02:00 PM., 7/15/2008 at 10:00 AM., 8/13/2008 at 10:00 AM., 9/16/2008 at 10:00 AM. Signed on 4/25/2008. (JAF, )

456 - Filed & Entered: 04/25/2008
Affidavit/Declaration of Service
Docket Text: Affidavit/Declaration of Service of Epiq Bankruptcy Solutions, LLC (related document(s)[451] ) Filed by The SCO Group, Inc.. (Werkheiser, Rachel)

457 - Filed & Entered: 04/25/2008
Affidavit/Declaration of Service
Docket Text: Affidavit/Declaration of Service Regarding [Signed] Hearing Scheduling Order (related document(s)[455] ) Filed by The SCO Group, Inc.. (Werkheiser, Rachel)

458 - Filed & Entered: 04/25/2008
Certificate of Service
Docket Text: Certificate of Service of Notice of Filing of Supplemental Detail to Fifth Monthly Fee Application of Dorsey & Whitney LLP, Special Counsel to the Debtors and Debtors-in-Possession for the Period February 1, 2008 through February 29, 2008 Filed by Dorsey & Whitney LLP. (Schnabel, Eric)

Update: D. Marx appears to be David Marx of Dorsey & Whitney. His specialties, according to his company bio are the following:

Mr. Marx is an Associate in Dorsey's Corporate group, focusing his practice on corporate and securities law. Mr. Marx advises public and private companies in connection with a wide variety of corporate and securities law matters including mergers and acquisitions, private placements and venture capital financings, 144A offerings, SEC reporting and regulatory matters, Sarbanes-Oxley Act compliance, NASDAQ and NYSE compliance matters, and general corporate counseling and governance. In addition, he has represented issurers and underwriters in public equity offerings.


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